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December 1991

Volume 11, Issue 4 1991
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COMMERCIAL VIABILITY UNDER THE MICROSCOPE

An analysis of commercial viability by the Bureau of Transport and Communications Economics challenges its usefulness

LOCAL NEWSPAPERS AND PREDATORY PRICING

Gina Cass-Gettlieb and Mark Dorney examine a recent trade practices case on newspaper advertising

PUBLIC DOMAIN FILMS

Kendall Odgers discusses the impact of international copyright laws on films in which copyright is about to expire

INTERCONNECTION OF MOBILE SERVICES

Ian McGill examines the new regulatory regime governing mobile telephone services and points out some of the pitfalls for service providers

FORUM: THE BROADCASTING SERVICES BILL

Peter Westerway examines the major features of the most sweeping overhaul of broadcasting regulation to take place in Australia

Bob Campbell gives a commercial broadcaster's perspective on the bill

Les Hell finds that the new bill will cause vast changes to Australian commdreial radio

John GriWlths inspects the teeth of the proposed Australian Broadcasting Authority

Beth McRae of Open Channel puts the community television case

Bob Weis puts the production industry's case for changes to the bill

IMPORTATION OF FOREIGN ACTORS

Martin Cooper discusses the background to recent changes to the Migration Regulations and argues the amendments will prove a laborious and arbitrary fetter upon Australian producers

WHO WILL BE GATEKEEPER?

Holly Raiche discusses the AUSTEL inquiry into privacy in telecommunications in Australia and suggests a number of ways consumers right to privacy can be protected

UNIFORM DEFAMATION BILL 1991

Peter Bartlett reviews the main features of this long-awaited bill

COMMERCIAL IMPACT OF THE UNIFORM DEFAMATION BILLS

Robert Todd discuses the practical effects of the new bill on broadcasters and publishers

PAY TV: A NEW POLICY FOR AUSTRALIA

Kim Beazley outlines the Government's plan for the regulation of Pay TV

JUDICIAL RECOGNITION OF THE INSERT BUSINESS

Alan Sorrell discusses a recent English case which found that publications can have valuable goodwill as providers of inserted advertising material

NOVEMBER AMENDMENTS: FUNDAMENTAL OR TECHNICAL?

Joan Malkin and Deena Shift discuss the November amendments to Section 137 of the Telecommunications Act and conclude that they could produce perverse results

NEW ZEALAND ACCESS TO THE AUSTRALIAN BROADCASTING INDUSTRY

Jim Stsvenson discusses the framework governing the trade in broadcast services between Australia and New Zealand and concludes that freer trade requires further micro-economic reform in Australia

BLASPHEMY IN A PLURALISTIC SOCIETY

Kerrie Henderson discusses the recent Monitor blasphemy case in Indonesia, and considers its implications for Australia

TECHNOLOGICAL DEVELOPMENTS IN THE MUSIC INDUSTRY

Randall Harper examines the implications of recent developments in technologies for copyright law and contracting in the music industry and argues that the legislators should be more pro-active

THE HIDDEN IMPACT OF THE LAW ON REPORTING

Julianne Schultz argues that not only the defamation laws but the legal system and commercial considerations constrain investigative journalism

ALCOHOL ADVERTISING IN NEW ZEALAND

Bruce Slane examines new solutions for regulation of the broadcast of alcohol advertisements

COMMUNICATIONS NEWS -- RECENT DEVELOPMENTS IN AUSTRALIA AND NEW ZEALAND

Inn McGill and Bruce Slane


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September 1991

Volume 11, Issue 3 1991
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BLASPHEMY AND RACIAL VILIFICATION

Robert err and Margaret Donaldson examine the "The Satanic Verses" case in the context of Australian and NSW Law

MEDIA ASSETS IN RECEIVERSHIP

MalcolmTurnbull and Cass O'Connor argue that recent receiverships of media companies indicate that the law or practice of receivership will have to change

MAKING 'UNIVERSAL SERVICE' WORK

Peter White argues that while Telecom/OTC's standard telephone service CSO is flexible it may not deliver enhanced network functions to all Australians.

REGULATION GONE BERSERK

Peal Mallam argues that the Broadcasting Amendment .Act 1991 will not hinder the Packer bid for Fairfax and be impossible to administer.

INJUNCTIONS IN DEFARMATION ACTIONS

Frank O'Dormall discusses recent cases which have challenged the courts" reluctance to grant injunctions and finds injunctions are still difficult to obtain.

COMPETITION REGION OF THE MEDIA

Professor Baxt argues that media acquisitions are a special case requiring advanced consideration by an independent body in the light of the public interest.

REVIEW OF PHONE TAPPING LAW

Beverley Schtwr discusses some disturbing aspects of the A-G's review of phone tapping powers

FORUM: THE PSAINQUIRY INTO THEPRICE OF SOUND RECORDINGS

Professor Alan Fals and Dr Jill WaLker, Carlos Suarez and Phil Dwyer

THE ROLE OF GOVERNMENT IN BROADCASTING REGULATION

Ann Davies argues that the Government's plans to emasculate its broadcasting regulatory body may rebound on it.

DEFAMATION LAW REFORM

Peter Collius, New South Wales Attorney-General, summarises the planned reforms to defamation laws.

MCA's ADVERTISING CODES

Angela McAdam reports on the TPC's inquiry into the administration of the Media Council of Australia's ad codes which found the system in need of some fine timing only.

FINE TUNING FILM CLASSIFICATION

John Dickie suggests a new PG-13 classification would reduce classification anomalies

THE PRINT MEDIA INQUIRY

Michael Lee, MP, discusses the terms of reference of the inquiry, its timing, predecessors and issues coasidered in its fLVSt hearings.

AUSTRALIAN CONTENT RESTRICTIONS

Sue Brooks argues that with the pressures faced by the TV industry today local content restrictions am still needed.

CHARTERS OF EDITORIAL INDEPENDENCE

Paul Chadwick and Frank Devine put the cases for and against charters of editorial independence

ORDERS FORBIDDING PUBLICATION

Michael Chestsrman discusses some recent decisions giving 'teeth' to non-publication orders.

FOREIGN CONTENT IN TV ADS

Martin O'Shannessy discusses the new foreign content restrictions for television ads and argues that while the reforms are a step forward there are still problems

DETERMININGFINANCIAL CAPABILITY

Tim O'Keefe explains hew the ABT determines whether a licensee is financially capable

ARTIST CONTRACTS IN ENTERTAINMENT INDUSTRY

Paul Caftan discusses the important changes in New Zealand in the wake of the Employment Contracts Act.

KEY LICENSING ISSUES

Ian Philip discusses the important role of carrier licence conditions in regulating the provision of telecommunication services to Australian

IS TOBACCO SPONSORSHIP ADVERTISING?

Katrina Henry examines the ABT Grand Prix inquiry which found that tobacco sponsorship was not tobacco advertising

HOW REALISTIC IS OPEN COMPETITION

John Crook examines the N


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June 1991

Volume 11, Issue 2 1991
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REFORMING THE BROADCASTING ACT

Peter Westerway discusses deficiencies in the Broadcasting Act revealed by recent Tribunal experience.

FREQUENCYTENDERING OR RETENDERING IN NZ

Bret Impey questions the fairness of the second tender round.

QUALIFIED PRIVELEDGE AND THE MEDIA

Don Cooper examines the background to this defence in Australia and finds it of limited application to the media

FORUM: TELECOMMUNICATIONS

Thomas Arthur of Telecom

Anne Davies of the Communications Law Bulletin

Robin Davey, Chairman of Austel

Brian Perkins of AAP

Alan Robertson of the Australian Telecommunications Users Group

CAMIA PRESIDENT'S AGM ADDRESS

Julia Madden's address to the sixth annual general meeting of CAMLA on 18 April 1991 ,

UPDATE ON RENTAL RIGHTS

Stephen Peach argues the A43's decision not to introduce a record rental right is based on a misconception about the relationship between rental rights and the blank tape royalty.

VICTORIAN INQUIRY PRINT MEDIA OWNERSHIP

Face Matthews, Creightun Burns, Sally Walker and Paul Chadwick respond to Grant Hattam's critique of their report.

SUPPRESSION ORDERS

Ross Duncan discusses the novel approch of the South Australian State Bank Royal Commission to extraterritorial suppression orders.

PRODUCT PLACEMENTIN AUSTRALIA AND NEW ZEALAND

William Van Caenegun argues that broadcasting and trade practices law are not adequate to regulate product placement in all cases.

PAY TV: WHY REGULATE

Rery Sottun examines the Industry Commission paper on the continuing prohibition of Pay TV being delivered to Australian households.

"AMERICAN PSYCHO":MISSING THE POINT

Rosemary Sorensen argues that BretEaston Ellis' controversial new book is a misunderstood scapegoat.

UNIFORM DEFAMATIONS LAWS - THEFINAL CHAPTER

Victoria 's Attorney-General, Jim Kennan, outlines the reforms proposed by the Attorneys, General of the eastern States.

BOOK REVIEWS

Peter Battler on ~Australian Defamation Laws and Practice

David Casperson on ~Aspects of the Law of Defamation in New South Wales

Peter Comans on "Misleading and Deceptive Conduct"


COMPETITION A SLOWTRAIN COMING

Mike Pickles explains how, in the face of a government's deregulatory policies, to hang on to a monopoly, Filipino style.

THROWING OFF THE TV POLICY CRINGE

Mark Armstrong argues that Australia 's television, having arrested the mass importation of foreign culture, is now poised as a promising export earner.

PROPOSED BAN ON POLITICAL ADVERTISING

Anthony Short argues the Federal Government's proposed legislation will not achieve its objectives and is in breach of international law.

NEW FEATURE! COMMUNICATION NEWS

Recent developments in Australia by Inn McGill and in New Zealand by Bruce Slane.

COMMITTEE MEMBERS OF CAMLA 1991


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March 1991

Volume 11, Issue 1 1991
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PROTECTING MASTHEADS

THE GATTAID AND THEAUSTRALIAN FILM INDUSTRY

INQUIRY IN PRINT MEDIA OWNERSHIP

CO-PR ODUCTIONS V. TLX314

NETWORKING AND AGGREGATION


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